In 1909 Hiram P. Maxim invented one of the first metal
silencers for reducing sound levels in firearms. Silencers were innovatively
marketed as the gentleman's way of target shooting. They turned out to be quite
popular, and sold quite well through the 1920s, and into the early '30s. The
Great Depression of the 1930s left many people out of work, leading some to
poach game in order to keep their families from starving. Concurrently, crime in
the 1930s rose dramatically. It was in this context that attempts were made at
passing legislation prohibiting handguns and machine guns. The Second
Amendment to the U.S. constitution, however, prevented such legislation,
and the courts struck it down. Eventually the concept of taxation was used to
evade the wording in the Second Amendment.

In 1934 a bill was passed levying a tax of $200 (4 times the price of a Thompson
submachine gun at the time. Short-barreled rifles and shotguns, cane guns
and silencers were also thrown into the bill, almost as an afterthought. The
BATF was set up, and one of its functions today is to collect such a tax.
So much of the controversy dealing with Title II weapons is not that they are
illegal, but that a tax will be levied on their ownership. Owning one which is
not properly registered and taxed is a violation of federal tax code (tax
evasion) a felony punishable by large fines and up to ten years in prison.

In the interim, included in that tax collection effort has been the process of
fingerprinting, photo identification, and a background check for evidence of
criminal activity and/or mental defectiveness. Typically, the most populated
states (CA, NY, & NJ) are very restrictive and have their own laws preventing
the ownership of firearm silencers. Today 33 states allow the possession or use
of firearm silencers or suppressors. Seventeen do not. Title II weapons are
tightly regulated and controlled by the federal government and its agents in the
Bureau of Alcohol, Tobacco and Firearms. In general, state, county and
municipal entities may own and use machine guns, silencers and destructive
devices in any state.

Each weapon or device will carry its own model, make and serial number, as an
aid to identification and tracking of the piece. For identification purposes a
silencer is considered to be a weapon by BATF, even though its purpose is to
reduce the sound of a firearm's report, not to discharge a projectile. We are
not here to issue a moral or fairness judgment, but merely to report what exists
in today's bureaucratic world.

Bureaucratic Hearing Protection

While a number of Title II weapons exist on today's market, some continue to be
made today. They are manufactured by federally licensed, Class II manufacturers.
These individuals and companies have applied to the federal government for the
required licenses and permits, have been interviewed at least once by a BATF
agent, have been fingerprinted, and have been the subject of an extensive
security and background check by the Federal Bureau of Investigation. While one
must hold a Federal Manufacturer's License to build weapons and devices, one
must also hold a Special Occupational Tax (SOT), the full value of which costs
$1,000 a year to maintain. When a licensed Class II Manufacturer constructs a
weapon or device it is immediately serial numbered and registered with the
National Firearms Act Branch of BATF on a Form 2 document. These are either
faxed or mailed in duplicate to the NFA Branch, and normally take from 20 to 30
days to be properly documented. An agent of the NFA Branch will approve the form
and return a copy to the manufacturer.

Image at right: The famous "Dr. Shush" logo of
original Maxim silencers - the gentleman's way of target shooting.
Not until today the firearms noise control topic has been found again as a
solution against shooting range noise pollution and for ensuring effective
shooters' hearing protection.

Law enforcement agencies will gain access to the registered weapons and devices
through a Form 5, which may be filed with the NFA Branch by another agency, a
Class II manufacturer, or a Class III dealer. These normally take about 20 days
to clear. A physical transfer will not be allowed to take place until the proper
paperwork has been received. Law enforcement agencies often maintain NFA-registered
devices in their inventory. When a weapon or a device is issued to sworn
officers those devices remain under the control and ownership of the agency.
Departmental policy sometimes allows an individual officer to actually own a
Class III weapon. That weapon may be transferred to the officer on a tax-free
Form 5 document, or on a $200, tax-paid Form 4. Qualified individuals may also
obtain Title II, Class III weapons through the use of the tax-paid Form 3. This
requires two fingerprint cards, two Form 4s, a law-enforcement approval, a $200
check paid to the U.S. Treasury, and an extensive FBI background check. A cut-away model of Maxim silencer.

A Form 4 normally takes 90 days to process, and a transfer will not be allowed
to take place in any state which does not permit individual or corporate
ownership of such a device. Dealers and manufacturers transfer weapons between
themselves on a tax-free Form 3, which takes approximately 30 days to process.
Again, a physical transfer shall not take place until the appropriate form has
been approved by the NFA Branch of BATFE. A Class III Dealer or a Class II
manufacturer may file form 5 transfers to law enforcement entities anywhere in
the U.S. Form 4 transfers can only be filed for qualified individuals and
corporations within a dealer or manufacturer's state of residence.Right: Sound Tech Dark Star suppressor for centerfire
rifles.

U.S. Military and Police

Military ownership and distribution of NFA weapons is not normally controlled or
affected by the NFA Branch. Each military entity has its own rules for the
distribution and control of these devices. Some groups exercise extremely tight
control. Other groups are less formal, and do not serially number their weapons
and devices. Those without numbers and markings of any kind are said to have
been sanitized, or sterilized. While we won't dwell on the quantities of
sanitized weapons that have been kicked out of low flying aircraft over foreign
soil, we will say that control of NFA weapons and implements of war is extremely
tight inside the U.S.; while the reverse of that may have at times been true
outside U.S. borders.Left: White's integral Ruger MKII suppressor.

In general, sound suppression devices for firearms are legitimately used by law
enforcement agencies for a number of purposes. The largest quantity are used
daily by animal control officers and contractors in municipalities, parks,
botanical gardens and airports. Firearm sound suppressors are also used heavily
by animal control personnel in agriculture, forestry, reservoir and waterway
management. In most cases stealth is not so much an issue as is public
relations.

In tactical use firearm sound suppressors are primarily employed by entry teams
in buildings, as the discharge of any weapon inside a structure will cause both
temporary and permanent hearing loss if hearing protection is not employed.
While head phones and ear muffs are available, many officers refuse to use them,
as they prevent the detection of suspect movement inside a structure to a large
extent. In addition, there is again the aspect of public relations, and the
reduction of firearm noise also reduces the amount of PR fallout if deadly force
has to be employed. Firearm sound suppressors are also used on police sniper
rifles, not so much to totally eliminate the sound of discharge, but to soften
its intensity, mask the source and allow the shooter(s) to see bullet strike.

Right: Ruger 10/22 rifles with Soud Tech suppressors.

Mark White is a
member of our Forum. If you would like to discuss this article, log in

Copyright
Silencer Research LLC. No part of any article, any videos, or numbers may
be posted or used elsewhere without the prior express written consent of the author.